Resolution 79-15976 RESOLUTION NO. 7-9-.1594-6
A RESOLUTION AUTHORIZING ACCEPTANCE OF FINAL
SETTLEMENT STIPULATION IN CONNECTION WITH
WORKMEN' S COMPENSATION CLAIM OF M. C. BOWLES
AGAINST THE CITY OF MIAMI BEACH.
WHEREAS, on February 26, 1978 , one M. C. BOWLES, an
employee of the City of Miami Beach, suffered injuries to his
head, back and hands when he was struck by a motor vehicle while
directing traffic at the Miami Beach Convention Center; and
WHEREAS, said employee was seen by Dr. Leo Grossman, City
Physician for the City of Miami Beach, Dr. Alvin Tobis, Dr. Stanley
Worton, Dr. Margaret Skinner, Dr. M. Viamonte, Dr. Marshall Pepper,
Dr. Alberto Hernandez and was examined and treated at Mt. Sinai
Hospital and Cedars of Lebanon Hospital, and it was determined by
Dr. Pepper that the Claimant has a permanent partial disability of
' the body as a whole, based upon an acute lumbosacral strain and
sprain; and
WHEREAS, the City Attorney has determined and recommended
that it is in the best interest of the City to enter into a settle-
ment under the provisions of F.S. 440 .20 (10) , as amended; such settle-
ment calls for the waiver of the City' s third party lien with respect
to said accident representing final settlement of any and all past,
present and future compensation and medical payments due Claimant
under the Workmen' s Compensation Law and a reasonable attorney' s
fee to be Seven Hundred Forty Seven Dollars and Eighty Three Cents
($747. 83) ; and
WHEREAS, the Order of the Judge of Industrial Claims
approving such settlement stipulation will not be subject to modi-
fication or review; and
WHEREAS, the City Commission deems it to be in the best
interest of the City to enter into a final settlement stipulation
as hereinabove set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Attorney be and
he is hereby authorized to enter into a final settlement as approved
by a Judge of Industrial Claims and the Mayor, City Clerk, Finance
Director and the City Attorney be and they are hereby authorized and
directed to comply with the Order of the Judge approving such stipu-
lation.
PASSED and ADOPTED this 18 day of July , 1979 .
Mayor
Attest:
City Clerk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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F L 0 R I D A
ROBERT L SHEVIN * *
CITY ATTORNEY
TELEPHONE :673-7470
COMMISSION MEMORANDUM NO. /0/
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DATE: July 18, 1979
TO: Dr. Leonard Haber, Mayor, and -
Members of the City Commission,
City Manager Gavin W. O'Brien
FROM: Robert L. Shevin p).e;
City Attorney .
SUBJECT: M. C. BOWLES V. CITY OF MIAMI BEACH
Claim No. 265-22-8746
D/A: 2-26-78
M. C. Bowles is a 56 year old employee of the City of Miami Beach
who was employed as a Probationary Parking Meter Checker I on
June 7, 1977. On December 12, 1977 , he attained regular status
in that position. On October 1, 1978, his title was changed to
Parking Enforcement Specialist I. Claimant was injured on Feb-
ruary 26, 1978, when he was struck by a motor vehicle while
directing traffic at the Miami Beach Convention Center, and sus-
tained injuries to his head, back, and hands. The Claimant was („;
seen by Dr. Leo Grossman, City Physician for the City of Miami
Beach, Dr. Alvin Tobis, Dr. Marshall Pepper, Dr. M. Viamonte,
Dr. Alberto Hernandez, Dr. Margaret Skinner, and Dr. Stanley Worton
and was examined and treated at Mt. Sinai Hospital and Cedars of
Lebanon Hospital. Dr. Pepper determined that Claimant has a 7%
permanent partial disability -of the body as a whole due to low
back problems diagnosed as an acute lumbosacral strain and sprain.
Dr. Tobis found some tenderness over the lumbosacral junction,
but no objective evidence of orthopedic disability at the present
time. If the City were to go to trial on this case it would be
subjected to a potential exposure of 7% of the body as a whole
based upon Dr. Pepper' s rating. The trial judge, Judge Trask,
would be likely to make some finding of permanent disability with
a substantial possibility that he would award the entire 7%.
Additionally, the City would continue to be responsible for the
payment of the Claimant' s medical bills with respect to the injuries
resulting from this accident. The City would also be required to
expend considerable sums of money in order to try this case, parti-
cularly for expert witness fees. It should also be noted that the
City would be required to pay additional benefits in the future
should the Claimant' s condition worsen. After considerable negoti-
ations with Claimant' s attorney, Dick Wolfson, a tentative agreement
was reached, subject to City Commission approval, to settle this
case as follows:
1. No money would be paid to the Claimant, however, the City would
waive its third party lien which it might recover some of the monies
expended for workmen' s compensation benefits thus. far.;
2. Claimant' s attorney's fee to be $747.83;
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for a total of Seven Hundred Forty Seven Dollars and Eighty Three
Cents ($747.83) and a waiver of the third party lien payable by
the City in full discharge of any and all claims against the City
and all liability under Chapter 440 F.S. Such settlement would
not be subject to modification or review under Workmen's Compen-
sation Law.
It ismy opinion that the compromising settlement of this claim is
in the best financial interest of this City, and I, therefore, recom-
mend this proposed settlement to the favorable consideration of the
City Commission. Dr. Grossman, the City Physician, concurs and joins
in this recommendation.
RLS/ABG/rr
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ORIGINAL
RESOLUTION NO. 79-15976
(Authorizing settlement of Workmen's
Compensation Claim: M.C. Bowles vs.CMB)